ORD 799 03/27/2007 ORDINANCE NO. 799
PROVIDING FOR THE EXTENSION OF CIBOLO, TEXAS CITY
LIMITS BY THE ANNEXATION OF A TRACT OF LAND CONTAINING
79.978 ACRES OF LAND SITUATED IN THE GERONIMO LEAL
SURVEY, A-210, GUADALUPE COUNTY, TEXAS, AND LOCATED
SOUTH OF FM 78 AND APPROXIMATELY ONE MILE EAST OF
COUNTRY LANE AND APPROVING A SERVICE PLAN FOR SUCH
AREA.
WHEREAS,the City of Cibolo, Texas received a petition requesting annexation from the owner
of land that is one-half mile or less in width, contiguous to the City of Cibolo, Texas, and vacant
and without residents or on which fewer than three qualified voters reside; and
WHEREAS, Texas Local Government Code section 43.028 authorizes the City of Cibolo, Texas
to annex sparsely occupied areas on petition of the area's landowners; and
WHEREAS, in accordance with state law, the above-described petition was filed with the City
of Cibolo, Texas on Monday,November 20,2006; and
WHEREAS, the City Council of the City of Cibolo, believing that the above-described petition
was properly filed pursuant to Texas Local Government Code 43.028, believed that it was in the
best interests of the City of Cibolo to grant said petition on January 9, 2007; and
WHEREAS, on the 27th day of February, 2007 and the 1st day of March, 2007, the City Council
of the City of Cibolo, Texas held public hearings on the proposed annexation of a tract of land
containing 177.22 acres, situated outside of, but immediately adjacent to, the current corporate
limits of the City of Cibolo, Texas and such public hearings gave all interested persons the right
to appear and be heard on the proposed annexation of such land; and
WHEREAS, notice of the above mentioned public hearings was published in The Herald on
February 15, 2007, a newspaper having general circulation in the City of Cibolo, Texas and
within the territory to be annexed, in accordance with law; and
WHEREAS, the aforementioned public hearings were conducted not more that forty (40) days
nor less that twenty(20) days prior to the institution of annexation proceedings; and
WHEREAS, the population of the City of Cibolo, Texas is in excess of 10,000 inhabitants, and
the area to be annexed lies within the extraterritorial jurisdiction of the City of Cibolo, Texas,
and lies adjacent to and adjoins the City of Cibolo, Texas.
NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
SECTION 1. The land and territory lying outside of, but adjacent to and adjoining the City of
Cibolo, Texas, more particularly described as those portions of the tracts of land described in
Exhibit A, attached hereto and incorporated herein by reference, is hereby added and annexed to
the City of Cibolo, Texas, and said territory, as described, shall hereafter be included within the
boundary limits of said City, and the present boundary limits of said City, at the various points
contiguous to the area described in Exhibit A, are altered and amended so as to include said
areas within the corporate limits of the City of Cibolo, Texas.
SECTION 2. The land and territory more particularly described as those portions of the tracts
of land described in Exhibit A, attached hereto and incorporated herein by reference, shall be
part of the City of Cibolo, Texas and inhabitants thereof shall be entitled to all of the rights and
privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of
the City of Cibolo, Texas.
SECTION 3. A service plan outlining the provisions of necessary municipal service to the
properties described in Exhibit A, is hereby approved and the implementation of said plan is
hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit B.
SECTION 4. This ordinance shall be effective from and after
PASSED AND APPROVED this,the .1.-7 day of Ni a',di ace.7.
J� Y SU; 7 , MAYOR
Y OF CI:OLO, TEXAS
ATTEST:
PEGGY CIMICS, CITY SECRETARY
CITY OF CIBOLO, TEXAS
APPROVED AS TO FORM:
SUSAN C. ROCHA
CITY ATTORNEY
CITY OF CIBOLO, TEXAS
Tri Rosin-Johnson, Inc.
Civil Engineers -Land Surveyors
J•
METES AND BOUNDS DESCRIPTION
78.976 ACRES OF LAND OUT OF THE GERONIMO LEAL SURVEY, GUADALUPE
COUNTY,TEXAS,AND BEING ALL OF THAT CERTAIN 15 ACRE TRACT OF
LAND CONVEYED BY GEORGE SCHRAUB,ET AL TO JULIA KRAUSE AND
HUSBAND HERBERT KRAUSE BY DEED DATED MARCH 31, 1945 AND
RECORDED IN VOLUME 209,PAGE 266 OF THE DEED RECORDS OF
GUADALUPE COUNTY,TEXAS,AND THE GREATER PORTION OF THAT
CERTAIN 67 ACRE TRACT OF LAND DESCRIBED IN A DECREE OF PARTITION •
FROM WILHELIVHNA SCHRAUB TO JULIA SCHRAUB (NOW MRS. HERBERT
KRAUSE)DATED DECEMBER 21, 1910 AND RECORDED IN VOLUME 35,PAGES
483-488 OF THE DEED RECORDS OF GUADALUPE COUNTY,TEXAS; SAID 78.976
ACRE TRACT BEING'THE SAME TRACT CALLED 78.978 ACRES AS DESCRIBED
IN DEED RECORDED IN VOLUME 1162,PAGE 357 OF THE DEED RECORDS OF
GUADALUPE COUNTY,TEXAS,AND BEING ALL OF CALLED UNIT 1 (29.312
ACRES),UNIT 2.(22.108 ACRES),AND UNIT 3 (27.560 ACRES)AS DESCRIBED IN
DEED TO BILMAR CONSTRUCTION,L.P. RECORDED IN VOLUME 1896,PAGE 227
OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY,TEXAS. SAID
78.976 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a%2"iron rod found on the South Right-of-Way line of Farm to Market
Highway 78 marking the Northwest corner of a called 177.22 acre tract of land recorded in
Volume 2003,Page 641 of the Official Public Records.of Guadalupe County, Texas, and
marking the most Northeasterly corner of said 78.978 acre tract;
THENCE South 30° 29' 44"East 2264.98 feet(Basis of Bearings) along the Northeast line
of said 78.978 acre tract to an eye bolt found marking the most Easterly corner of
the said 78.978 acre tract;
THENCE South 59°42' 45"West 1342.51 feet along the Southeast line of said 78.978 acre
tract to a''/2"iron rod found marking the most Southerly comer of said 78.978
acre tract;
THENCE North 30° 17' 53"West 1576.09 feet along the Northeast line of a called 226.496
acre tract recorded in Volume 1098,Page 144 of the Deed Records of Guadalupe
County, Texas,to a %2"iron rod found marking the most Southerly corner of Lot
13,Falconcrest Estates Subdivision, according to plat thereof recorded in Volume
4, Page 255 of the Plat Records of Guadalupe County;
THENCE North 30° 03' 3.0"West 1119.45 feet along the Northeast line of said Falconcrest
Estates, to a %"iron rod set with cap marked"Rosin Johnson"marking the
Northeast corner of Lot 4 of said Falconcrest Estates Subdivision, and the
MAI 000-007-002\MB-080S07.doc
3690 Highpoint•San Antonio,TX 78217•(210)490-6001 •(210)496-3975(Fax)•info@rosinjohnson.com
78:976 Acres
Page 2 of 2
Southeast corner of a 0.5 acre tract of land recorded in Volume 321, Page 563 of
the Official Public Records of Guadalupe County, Texas;
THENCE North 29° 56' 47"West 168.36 feet along the Northeast line of said 0:5 acre tract
to a nail found in asphalt on the South Right-of-Way line of Farm to Market
Highway 78,marking the Northeast corner of said 0.5 acre tract and the most
Westerly corner of said 78.978 acre tract of land;
THENCE with the South Right-of-Way line of Farm to Market Highway 78 the following
calls:
92:90 feet along a curve to the right having the following parameters:
Radius: 2929.90'
Tangent: 46.46'
Chord Bearing: North 82° 07' 30"East
Chord Length: 92.90'
to a nail set in asphalt;
North 81° 13' 00"East 155.40 feet to a%2"iron rod set with cap marked "Rosin
Johnson";
171.13 feet along a curve to the right having the following parameters:
Radius: 2799.90'
Tangent: 85.59'
Chord Bearing: North 82° 56' 09"East
Chord Length: 171.10'
to a cotton spindle found;
North 84°43' 03"East 1038.75 feet to the POINT OF BEGINNING and
containing 78.976 acres of land.
This description is based on the Land Title Survey and Plat made be Joel Christian Johnson,R.P.L.S.
#5578 dated August 8,2007.
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Joel Chris 'an Johnso; R.P.L.S. / -c -OF
<V9/47-7 JOEL CHk(ST(. JOHNSON
Date •• .•..........,. ..
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`Exhibit B'
2007 ANNEXATION PROGRAM
CITY OF CIBOLO, TEXAS
SERVICE PLAN FOR 2007 ANNEXATION—CREEKVIEW PROPERTY
Upon annexation of the area identified above and as identified on Exhibit A,the City of Cibolo will provide City services
utilizing methods by which it extends services to any other equivalent area of the City.
SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION
1. Police Protection
The City of Cibolo, Texas and its Police Department will provide police protection to newly annexed
areas at the same or similar level of service now being provided to other areas of the City with like
topography, land use and population density as those found within the newly annexed areas. The
Police Department will have the responsibility to respond to all dispatched calls for service or
assistance within the newly annexed areas.
2. Fire Protection and Emergency Medical Services
The City of Cibolo, Texas contracts with the Cibolo Volunteer Fire Department and will provide fire
protection to newly annexed areas through that contract at the same or similar level of service now
being provided to other areas of the City, with like topography, land use and population density as
those found within the newly annexed areas.
The City of Cibolo, Texas contracts with the City of Schertz for EMS services and will provide EMS
services through that contract to newly annexed areas at the same or similar level of service now
being provided to other areas of the City, with like topography, land use and population density as
those found within the newly annexed areas.
3. Maintenance of Water and Wastewater Facilities
All of the newly annexed properties are within the service area of Green Valley Special Utility District.
All wastewater facilities owned or maintained by the City of Cibolo at the time of the proposed
annexation shall continue to be maintained by the City of Cibolo.All wastewater facilities which may
be acquired subsequent to the annexation of the proposed areas shall be maintained by the City of
Cibolo to the extent of its ownership. The now existing wastewater mains at existing locations shall
be available for the point of use extension based upon the City of Cibolo standard extension policy
now existing or as may be amended. On-site sewerage systems may be maintained in accordance
with the City's Code of Ordinances.
4. Solid Waste Collection
The City of Cibolo, Texas contracts for the collection of solid waste and refuse within the corporate
limits of the City with Waste Management. Solid waste collection will be provided to citizens in the
newly annexed areas at the same or similar level of service now being provided to other areas of the
City with like topography, land use and density as those found within the newly annexed areas. The
City may negotiate with annexed areas to allow continued services with an existing solid waste
management provider. After the second anniversary of the annexation date,the City will impose fees
and provide the service.
If areas with private roads and/or gates are arranged so that garbage may be collected without
creating a safety hazard, the City, at its discretion, may collect the garbage provided proper
indemnification is received from the community association or individual property owners. The City
will then impose fees and provide the service. Garbage collection locations shall be subject to the
approval of the Sanitation Manager. In the event the City does not collect garbage within the areas
with private roads and/or gates, residents of these areas will not be billed for service after the two-
year date.
Page 1
5. Maintenance of Roads and Streets
Any and all public roads,streets or alleyways shall be maintained to the same degree and extent that
other public roads, streets, and alleyways are maintained in areas of the City with like topography,
land use and density as those found within the newly annexed areas. Private roads will remain under
the ownership of the homeowners association and as such maintained by the association.
6. Maintenance of Parks, Playgrounds,and Swimming Pools
The City of Cibolo,Texas is not aware of the existence of any publicly owned parks, playgrounds or
swimming pools now located in the proposed areas of annexation. In the event any such parks,
playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas
and facilities to the extent and degree and to the same or similar level of service now being provided
to other such areas and facilities within the corporate limits of the City with like topography, land use
and density as those found within the newly annexed areas. Private facilities will remain under the
ownership of the homeowners association and as such maintained by the association.
7. Maintenance of any Publicly owned Facility, Building or Municipal Service
The City of Cibolo,Texas is not aware of the existence of any publicly owned facility,building,or other
municipal service now located in the proposed areas of annexation. In the event any publicly owned
facility, building, or other municipal service does exist and are public facilities, the City will maintain
such areas and facilities to the extent and degree and to the same or similar level of service now
being provided to other such areas and facilities within the corporate limits of the City with like
topography, land use and density as those found within the newly annexed areas.
8. Other Services
The City of Cibolo, Texas finds and determines that such services as planning, code enforcement,
animal control, library, parks and recreation,court and general administration will be made available
after the effective date of annexation at the same or similar level of service now being provided to
other areas of the City with similar topography, land use and density as those found within the newly
annexed areas.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2 Y2 YEARS
1. Police and Fire Protection and Solid Waste Collection
The City of Cibolo,Texas,finds and determines it is not necessary to acquire or construct any capital
improvements within 2'/years of the effective date of the annexation of the particular annexed areas
for the purpose of providing police protection, fire protection, emergency medical services or solid
waste collection. The City finds and determines that it has at the present time adequate facilities and
other resources to provide the same type, kind and level of service and protection which is presently
being administered to other areas already incorporated in the City of Cibolo, Texas with like
topography, land use and population density as those found within the newly annexed areas.
2. Wastewater Facilities
For the next 2'/years,Cibolo finds and determines that there is sufficient capacity for wastewater to
provide services to the annexed areas pursuant to the City of Cibolo's extension policies. The
construction of any capital improvements necessary to extend water and wastewater services to an
annexed area will be completed pursuant to Chapter 43 of the Texas Local Government Code, as
amended and Chapter 130 of the City Code of Ordinances.
3. Roads and Streets
The City of Cibolo,Texas,finds and determines it is not necessary to acquire or construct any capital
improvements within 2 1/2 years of the effective date of the annexation of the particular annexed areas.
4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned
Facility, Building,or Service
Page 2
The City of Cibolo,Texas,finds and determines it is not necessary to acquire or construct any capital
improvements within 2%2 years of the effective date of the annexation of the particular annexed areas
for the purpose of parks maintenance,playgrounds,swimming pools and other publicly owned facility,
building or service.
SPECIFIC FINDINGS
The City of Cibolo, Texas, finds and determines that this proposed service plan will not provide any fewer
services and will not provide a lower level of service in the areas being considered for annexation that were in
existence in the proposed areas at the time immediately preceding the annexation process. Given the
proposed annexation areas' topography, land utilization and population density, the service levels to be
provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar
characteristics.
TERMS
This plan shall be valid for a term of ten(10)years. Renewal of the Service Plan is at the discretion of the City
of Cibolo.
LEVEL OF SERVICE
Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of
the City, including the annexed areas, if different characteristics of topography, land use, and population
density are considered a sufficient basis for providing different levels of service.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas
Local Government Code.
Page 3